People v. Medina

607 N.E.2d 619, 239 Ill. App. 3d 871, 180 Ill. Dec. 550, 1993 Ill. App. LEXIS 21
CourtAppellate Court of Illinois
DecidedJanuary 15, 1993
Docket2-92-0372
StatusPublished
Cited by15 cases

This text of 607 N.E.2d 619 (People v. Medina) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Medina, 607 N.E.2d 619, 239 Ill. App. 3d 871, 180 Ill. Dec. 550, 1993 Ill. App. LEXIS 21 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE INGLIS

delivered the opinion of the court:

Defendant, Luis Medina, was convicted after a bench trial of unlawful possession of a controlled substance with intent to deliver (Ill. Rev. Stat. 1991, ch. 56½, par. 1401), unlawful possession of a controlled substance (Ill. Rev. Stat. 1991, ch. 56½, par. 1402), and unlawful possession of a controlled substance without a controlled substance tax stamp (Ill. Rev. Stat. 1991, ch. 120, par. 2160). The tax stamp count was dismissed after trial, and judgment on the possession count was merged into the judgment and sentence on the possession with intent to deliver count. Defendant was sentenced to 20 years’ imprisonment, and he filed a timely appeal.

In this court, defendant contends (1) that the trial court’s denial of his request for a continuance denied him a fair trial where the State divulged the identity of a confidential informant only four days prior to trial; (2) that the trial court should not have limited his cross-examination of three law enforcement officers; (3) that the trial court should not have denied his second motion to dismiss for failure to provide a speedy trial; and (4) that the introduction of other crimes and prior bad acts evidence denied him a fair trial. We affirm.

The charges in this case were instituted after approximately nine kilograms of cocaine, along with drug paraphernalia, were found in a detached garage on defendant’s property. The police were told on Friday, March 1, 1991, by a confidential informant, Ronnie White, that a kilogram of cocaine was present in defendant’s garage. White told the officers that more cocaine would be in the garage in the near future. On Sunday, March 3, 1991, law enforcement officers executed a search warrant at the garage and recovered approximately nine kilograms of cocaine. While the search was in progress, White met with an officer near the searched premises and gave the officer another kilogram of cocaine that White said he got from defendant’s garage.

CONTINUANCE

Prior to trial, the State moved to prohibit the introduction of, or testimony concerning, the kilogram of cocaine delivered to law enforcement officers by White. Ten days later, and four days prior to the start of trial, the court denied the motion, and the State immediately thereafter moved to add White’s name to the witness list as a possible rebuttal witness. On the morning of the first day of trial, defendant moved for a continuance based on the alleged late disclosure of White’s identity as the confidential informant. The trial judge denied the motion, but gave defense counsel time to talk with White and stated that he would continue the trial if White revealed information warranting an investigation. White refused to talk with defense counsel, and the trial went forward as scheduled.

Defendant claims that the denial of his motion for a continuance denied him a fair trial because he was not given enough of an opportunity to “investigate the circumstances surrounding the informant’s activities.” Defendant goes on to characterize White as a crucial witness for the State and claims that the State purposefully delayed disclosure of White’s identity. The State counters that defendant was not prejudiced by the denial and is thus not entitled to reversal.

Whether to grant a motion for a continuance is within the discretion of the trial court, and the party contesting the denial of its motion must establish that the denial resulted in prejudice at trial. (People v. Dalzotto (1977), 55 Ill. App. 3d 995, 999.) The particular facts and circumstances of the case are to be considered when deciding a motion for a continuance. (People v. Edwards (1988), 167 Ill. App. 3d 324, 332.) “A continuance for the purpose of allowing defense counsel further time to prepare is not erroneously denied unless the denial serves to prejudice defendant in some way.” Edwards, 167 Ill. App. 3d at 332.

Here, defendant was not prejudiced by the denial of his motion for a continuance. A number of factors leads us to this conclusion.

First, defendant was given the opportunity to talk with White before trial with the understanding that defendant could obtain a continuance if White disclosed anything that warranted investigation. White refused to talk with defendant. It thus appears that the trial court was not merely attempting to speed the trial along in disregard of defendant’s rights.

Second, defendant was able to question White about a number of relevant topics, including White’s prior record and his experience as a drug dealer; White’s agreement with the State, whereby he would escape punishment on drug charges if he “made” multikilogram drug cases; whether White owned and had given a cocaine press to defendant; and whether White himself planted the cocaine in defendant’s garage. White’s character and his motive to frame defendant to escape punishment on his own drug charges were laid bare before the trial judge as the finder of fact. Further, defense counsel made no claim at the conclusion of White’s testimony that additional time or witnesses were required in order to present the defense properly.

Third and last, White was not called by the State. This was not a case in which the State called a just-disclosed witness and the defendant was ill-prepared to counter damaging testimony. Here, defendant could have avoided what he terms in his brief as Ron White’s “attack” by not calling him to the stand.

The case of People v. Conner (1988), 176 Ill. App. 3d 900, cited by defendant for the proposition that the identity of an informant can be required when the informant is also a participant in the crime, is distinguishable. In Conner, the defendants claimed they were entrapped at their trial on drug charges. The informant whose identity was not revealed had allegedly owed one of the defendants a legitimate business debt and had repeatedly failed to pay the debt, endangering that defendant’s legitimate business. The informant had allegedly told the defendants that he could pay the debt if the defendants could obtain some cocaine for him. Conner, 176 Ill. App. 3d at 902-05.

Here, in contrast to Conner, the informant’s identity was revealed to defendant, who was then given wide latitude in exploring the informant’s participation in the events giving rise to the charges against defendant. Moreover, the same kind of unique factual scenario present in Conner is not present in this case. Defendant was not prejudiced by the trial court’s denial of his motion for a continuance.

CROSS-EXAMINATION

Defendant next claims that he was denied a fair trial when he was not allowed to cross-examine three law enforcement officers about their relationship with Ron White, the confidential informant. The State answers that defendant has again failed to show any prejudice from the court’s ruling.

At trial, T.J. Strickland, a detective with the Elgin police department, testified as to his participation in the search of the garage on defendant’s land and what that search uncovered. He also testified as to his interview with defendant in defendant’s house after the search.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Minor
2020 IL App (1st) 171720-U (Appellate Court of Illinois, 2020)
People v. Norwood
Appellate Court of Illinois, 2005
People v. Hernandez
Appellate Court of Illinois, 2000
People v. Ladd
708 N.E.2d 359 (Illinois Supreme Court, 1999)
People v. Ladd
Appellate Court of Illinois, 1998
People v. Medina
679 N.E.2d 487 (Appellate Court of Illinois, 1997)
People v. Andrade
664 N.E.2d 256 (Appellate Court of Illinois, 1996)
People v. McGee
645 N.E.2d 329 (Appellate Court of Illinois, 1994)
In RE WOODS v. Rhay
414 P.2d 601 (Washington Supreme Court, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
607 N.E.2d 619, 239 Ill. App. 3d 871, 180 Ill. Dec. 550, 1993 Ill. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-medina-illappct-1993.